Public Act 098-1032
 
SB2352 EnrolledLRB098 08113 KTG 38204 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




  
 
    Section 5. The Unified Code of Corrections is amended by 
adding Article 2.7 of Chapter III as follows:
 
    (730 ILCS 5/Ch. III Art. 2.7 heading new)
ARTICLE 2.7.  DEPARTMENT OF JUVENILE JUSTICE
  
INDEPENDENT JUVENILE OMBUDSMAN  

 
    (730 ILCS 5/3-2.7-1 new)
    Sec. 3-2.7-1. Short title. This Article may be cited as the 
Department of Juvenile Justice Independent Juvenile Ombudsman 
Law.
 
    (730 ILCS 5/3-2.7-5 new)
    Sec. 3-2.7-5. Purpose. The purpose of this Article  is to 
create within the Department of Juvenile Justice the Office of 
Independent Juvenile Ombudsman for the purpose of securing the 
rights of youth committed to the Department of Juvenile 
Justice, including youth released on aftercare before final 
discharge.
 
    (730 ILCS 5/3-2.7-10 new)
    Sec. 3-2.7-10. Definitions. In this Article, unless the 
context requires otherwise:
    "Department" means the Department of Juvenile Justice. 
    "Immediate family or household member" means the spouse, 
child, parent, brother, sister, grandparent, or grandchild, 
whether of the whole blood or half blood or by adoption, or a 
person who shares a common dwelling. 
    "Juvenile justice system" means all activities by public or 
private agencies or persons pertaining to youth involved in or 
having contact with the police, courts, or corrections.
    "Office" means the Office of the Independent Juvenile 
Ombudsman.
    "Ombudsman" means the Department of Juvenile Justice 
Independent Juvenile Ombudsman.
    "Youth" means any person committed by court order to the 
custody of the Department of Juvenile Justice, including youth 
released on aftercare before final discharge. 
 
    (730 ILCS 5/3-2.7-15 new)
    Sec. 3-2.7-15. Appointment of Independent Juvenile 
Ombudsman. The Governor shall appoint the Independent Juvenile 
Ombudsman with the advice and consent of the Senate for a term 
of 4 years, with the first term expiring February 1, 2017.  A 
person appointed as Ombudsman may be reappointed to one or more 
subsequent terms. A vacancy shall occur upon resignation, 
death, or removal.  The Ombudsman may only be removed by the 
Governor for incompetency, malfeasance, neglect of duty, or 
conviction of a felony.  If the Senate is not in session or is 
in recess when an appointment subject to its confirmation is 
made, the Governor shall make a temporary appointment which 
shall be subject to subsequent Senate approval.

The Ombudsman 
may employ deputies to perform, under the direction of the 
Ombudsman, the same duties and exercise the same powers as the 
Ombudsman, and may employ other support staff as deemed 
necessary.  The Ombudsman and deputies must:
    (1) be over the age of 21 years;
    (2) have a bachelor's or advanced degree from an accredited 
college or university; and
    (3) have relevant  expertise in areas such as the juvenile 
justice system, investigations, or civil rights advocacy as 
evidenced by experience in the field or by academic background.
 
    (730 ILCS 5/3-2.7-20 new)
    Sec. 3-2.7-20. Conflicts of interest. A person may not 
serve as Ombudsman or as a deputy if the person or the person's 
immediate family or household member:
    (1) is or has been employed by the Department of Juvenile 
Justice or Department of Corrections within one year prior to 
appointment, other than as Ombudsman or Deputy Ombudsman;
    (2) participates in the management of a business entity or 
other organization receiving funds from the Department of 
Juvenile Justice;
    (3) owns or controls, directly or indirectly, any interest 
in a business entity or other organization receiving funds from 
the Department of Juvenile Justice;
    (4) uses or receives any amount of tangible goods, 
services, or funds from the Department of Juvenile Justice, 
other than as Ombudsman or Deputy Ombudsman; or
    (5) is required to register as a lobbyist for an 
organization that interacts with the juvenile justice system. 
 
    (730 ILCS 5/3-2.7-25 new)
    Sec. 3-2.7-25. Duties and powers.
    (a) The Independent Juvenile Ombudsman shall function 
independently within the Department of Juvenile Justice with 
respect to the operations of the Office in performance of his 
or her duties under this Article and shall report to the 
Governor. The Ombudsman shall adopt rules and standards as may 
be
necessary or desirable to carry out his or her duties. 
Funding
for the Office shall be designated separately within
 
Department funds. The Department shall provide necessary 
administrative services and facilities to the Office of the 
Independent Juvenile Ombudsman.
    (b) The Office of Independent Juvenile Ombudsman shall have

the following duties:
        (1) review and monitor the implementation of the rules
    
    and standards established by the Department of Juvenile
    
    Justice and evaluate the delivery of services to youth to
    
    ensure that the rights of youth are fully observed;
        (2) provide assistance to a youth or family who the
    
    Ombudsman determines is in need of assistance, including
    
    advocating with an agency, provider, or other person in the
    
    best interests of the youth;
        (3) investigate and attempt to resolve complaints made 
    by or on behalf of youth, other than
    complaints alleging 
    criminal behavior or violations of the State Officials and 
    Employee Ethics Act, if the Office
    determines that the 
    investigation and resolution would further the purpose of 
    the Office, and:
            (A) a youth committed to the Department of Juvenile
        
        Justice or the youth's family is in need of
        assistance 
        from the Office; or
            (B) a systemic issue in the Department of Juvenile
        
        Justice's provision of services is raised by a
        
        complaint;
        (4) review or inspect periodically the facilities and
    
    procedures of any facility in which a youth has been placed
    
    by the Department of Juvenile Justice to ensure that the
    
    rights of youth are fully observed; and
        (5) be accessible to and meet confidentially and

    regularly with youth committed to the Department and serve



    as a resource by informing them of pertinent laws,
rules, 
    and policies, and their rights thereunder.
    (c) The following cases shall be reported immediately to

the Director of Juvenile Justice and the Governor:
        (1) cases of severe abuse or injury of a youth;
        (2) serious misconduct, misfeasance, malfeasance, or

    serious violations of policies and procedures concerning

    the administration of a Department of Juvenile Justice

    program or operation;
        (3) serious problems concerning the delivery of    
    services in a facility operated by or under contract with

    the Department of Juvenile Justice;
        (4) interference by the Department of Juvenile Justice

    with an investigation conducted by the Office; and
        (5) other cases as deemed necessary by the Ombudsman. 
    (d)     Notwithstanding any other provision of law, the


Ombudsman may not investigate alleged criminal behavior or 
violations of the State Officials and Employees Ethics Act. If 
the
Ombudsman determines that a possible criminal act has been

committed, or that special expertise is required in the


investigation, he or she shall immediately notify the

Department of State Police. If the Ombudsman determines that a 
possible violation of the State Officials and Employees Ethics 
Act has occurred, he or she shall immediately refer the 
incident to the Office of the Governor's Executive Inspector 
General for investigation.  If the Ombudsman receives a 
complaint from a youth or third party regarding suspected abuse 
or neglect of a child, the Ombudsman shall refer the incident 
to the Child Abuse and Neglect Hotline or to the State Police 
as mandated by the Abused and Neglected Child Reporting Act.  
Any investigation conducted by the
Ombudsman shall not be 
duplicative and shall be separate from

any investigation 
mandated by the Abused and Neglected Child
Reporting Act.

All 
investigations conducted by the Ombudsman shall be
conducted in 
a manner designed to ensure the preservation of
evidence for 
possible use in a criminal prosecution.
    (e) In performance of his or her duties,  the

Ombudsman may:
        (1) review court files of youth;
        (2) recommend policies, rules, and legislation

    designed to protect youth;
        (3) make appropriate referrals under any of the duties

    and powers listed in this Section;
        (4) attend internal administrative and disciplinary 
    hearings to ensure the rights of youth are fully observed

    and advocate for the best interest of youth when deemed

    necessary; and
        (5) perform other acts, otherwise permitted or 
    required by law, in furtherance of the purpose of the 
    Office.
    (f) To assess if a youth's rights have been violated, the


Ombudsman may, in any matter that does not involve alleged

criminal behavior, contact or consult with an administrator,

employee, youth, parent, expert, or any other individual in the

course of his or her investigation or to secure information as

necessary to fulfill his or her duties.
 
    (730 ILCS 5/3-2.7-30 new)
    Sec. 3-2.7-30. Duties of the Department of Juvenile 
Justice.
    (a) The Department of Juvenile Justice shall allow any 
youth to communicate with the Ombudsman or a deputy at any 
time. The communication: 
        (1) may be in person, by phone, by mail, or by any 
    other means deemed appropriate in light of security 
    concerns; and
        (2) is confidential and privileged. 
    (b) The Department shall allow the Ombudsman and deputies 
full and unannounced access to youth and Department facilities 
at any time.  The Department shall furnish the Ombudsman and 
deputies with appropriate meeting space in each facility in 
order to preserve confidentiality. 
    (c)  The Department shall allow the Ombudsman and deputies 
to participate in professional development opportunities 
provided by the Department of Juvenile Justice as practical and 
to attend appropriate professional training when requested by 
the Ombudsman.
    (d)  The Department shall provide the Ombudsman copies of 
critical incident reports involving a youth residing in a 
facility operated by the Department.  Critical incidents 
include, but are not limited to, severe injuries that result in 
hospitalization, suicide attempts that require medical 
intervention, sexual abuse, and escapes.
    (e)  The Department shall provide the Ombudsman with 
reasonable advance notice of all internal administrative and 
disciplinary hearings regarding a youth residing in a facility 
operated by the Department.
    (f)  The Department of Juvenile Justice may not discharge, 
demote, discipline, or in any manner discriminate or retaliate 
against a youth or an employee who in good faith makes a 
complaint to the Office of the Independent Juvenile Ombudsman 
or cooperates with the Office. 
 
    (730 ILCS 5/3-2.7-35 new)
    Sec. 3-2.7-35. Reports. The Independent Juvenile Ombudsman 
shall provide to the General Assembly and the Governor, no 
later than January 1 of each year, a summary of activities done 
in furtherance of the purpose of
the Office for the prior 
fiscal year.  The summaries shall contain data both aggregated 
and disaggregated by individual facility and describe:
    (1) the work of the Ombudsman;
    (2) the status of any review or investigation undertaken by

the Ombudsman, but
may not contain any confidential or 
identifying information
concerning the subjects of the reports 
and investigations; and
    (3) any recommendations that the Independent Juvenile

Ombudsman has relating to a systemic issue in the Department of 
Juvenile Justice's provision of services and any
other matters 
for consideration by the General Assembly and the Governor.
 
    (730 ILCS 5/3-2.7-40 new)
    Sec. 3-2.7-40. Complaints. The Office of Independent 
Juvenile Ombudsman shall promptly and efficiently act on 
complaints made by or on behalf of youth filed with the Office 
that relate to the operations or staff of the Department of 
Juvenile Justice. The Office shall maintain information about 
parties to the complaint, the subject matter of the complaint, 
a summary of the results of the review or investigation of the 
complaint, including any resolution of or recommendations made 
as a result of  the complaint. The Office shall make information 
available describing its procedures for complaint 
investigation and resolution.  When applicable, the Office 
shall notify the complaining youth that an investigation and 
resolution may result in or will require disclosure of the 
complaining youth's identity.  The Office shall periodically 
notify the complaint parties of the status of the complaint 
until final disposition.
 
    (730 ILCS 5/3-2.7-45 new)
    Sec. 3-2.7-45. Confidentiality. The name, address, or 
other personally identifiable information of a person who files 
a complaint with the Office, information generated by the 
Office related to a complaint or other activities of the 
Office, and confidential records obtained by the Office are not 
subject to disclosure under the Freedom of Information Act.  The 
Office shall disclose the records only if required by court 
order on a showing of good cause.
 
    (730 ILCS 5/3-2.7-50 new)
    Sec. 3-2.7-50. Promotion and Awareness of Office.  The 
Independent Juvenile Ombudsman shall promote awareness among 
the public and youth of:
    (1) the rights of youth committed to the Department;
    (2) purpose of the Office; 
    (3) how the Office may be contacted;
    (4)  the confidential nature of communications; and
    (5)  the services the Office provides. 
 
    (730 ILCS 5/3-2.7-55 new)
    Sec. 3-2.7-55. Access to information of governmental 
entities. The Department of Juvenile Justice shall provide the 
Independent Juvenile Ombudsman unrestricted access to all 
master record files of youth under Section 3-5-1 of this Code.  
Access to educational, social, psychological, mental health, 
substance abuse,  and medical records shall not be disclosed 
except as provided in Section 5-910 of the Juvenile Court Act 
of 1987, the Mental Health and Developmental Disabilities 
Confidentiality Act, the School Code, and any applicable 
federal laws that govern access to those records.
 

    Section 99. Effective date. This Act takes effect upon 
becoming law.